Previous Employer being nightmare, causing so much stress..

Jason1972_2

Hi there

Its a long story but i will put it as short as i can, i was sacked from my job in september this year after being there 2 years. At the moment i am in the process of trying to get back the money they owe me, which is pay lieu noti ce, holiday money etc. I have a date set for Jan 15th 2009 for the employmeny tribunal. Also i have an acas representative dealing with it. In April this year my dad died and i took 4 days off work as i could not afford anything any longer, when i returned to work they said i would not get paid for that time off. I kicked up a stink with the manager about this and he spoke to the owner of the company and agreed to pay 3 out of the 4 days money. They are now saying this was holiday i used and trying to deduct it out of money they will have to pay me. Im happy to fight this and the other money they owe me at the tribunal. Before my father died i saw a psychologist through work due to issues i had and stress. I became more stressed when my dad died and now with my previous employers failing at this time to pay money owed to me i am becoming more stressed and upset. I don't feel that i am capable to work at this present time and have been signed off sick. With the hassle that previous work is causing i am considering claiming for stress from my previous employer. I dont know if this is the right thing to do, but with everything that has gone on i feel it may be appropriate. My blood pressure has gone high through all this, i get upset whenever i have to deal with this.
Can anyone advise me on what i can do, and would i have a case against my previous employer due to the stress.

Thanks
Jason

Emmzi

note there is no legal entitlement to paid time off for bereavement.

is your stress work related? if so, why?

why were you sacked?

if stress is not work related and due to eg bereavement, you have no case.

Savvy_Sue

I am sorry for your loss, but I'm with Emmzi.

Did you have a written statement of terms and conditions? And what did it say about compassionate leave? If it said any would be given, and it said it would be paid for up to five days, then you are right, they should have paid you for it. If it said compassionate leave would be given, but it would be unpaid, they are within their rights to deduct pay for that, and if you subsequently kicked up a stink then them agreeing that you could take paid holiday for it wasn't unreasonable on their part.

If you didn't have a written statement, then the assumption would be that compassionate leave was unpaid.

webitha

sorry but emmzi is right,
i took 2 weeks off when my partner was killed, when i got back (after being badgered, i wasnt ready, which is another reason i left) i found out that they had taken all my hols for it, and after loking further they are quite within theirs rights to do so.
the mean buggars lol

SomeBozo

There is no legal entitlement to be paid for a breavement.

Why were you sacked? What was the reason. This I feel is the key to your situation!

Bozo

pinkshoes

I'm also with Emmzi on this one.

There is indeed no legal requirement for paid time off due to a bereavement, so they are quite entitled to take it out of your holiday entitlement, or treat it as unpaid days.

It also seems to me that the excess stress has been caused by the way the company handled this situation, but this was due to the fact that you were mistaken in thinking that your time off would be paid. In a tribunal case, this would probably go in favour of the company.

Why were you sacked?

Emmzi

Jason, have had a wee look at your other threads. I'm not sure you have helped yourself with not signing certifictaes for them.

I do feel for you - you seem to have had a number of stressy situations recently. Are you getting any help with this, eg from your doctor, or for example cruise, who can help with bereavement support.

http://www.crusebereavementcare.org.uk/

This is just my opinion, but I don't think you need the stress of a tribunal. It isn't worth it for a few hundred quid that you may or may not get.

First and foremost, you need to be looking after yourself, your emotional health, and taking the time you need to get yourself into a better state where you feel able to cope with things more.

lal1234

If this is causing you so much stress is it really worth it for 4 days pay? I'd let it go

Jason1972_2

Hi,

Thanks for the replies, its not like i am refusing to sign for the certificates, i dont think they will pay me. Once monies owed to me are paid then i will let them have the certificates (Thats why its going through an employment tribunal), as they refused to pay untill they recievec these certificates. I was sacked as i was on a final written warning and i had an argument with the manager. The reason i was sacked does not matter. Im ok with that part of it.
The time off for bereavement was word of mouth, they said ok we will pay 3 days and now they are going back on it, also even if it was meant to be holiday (which it was not) i have to sign a sheet to accept the days holiday i take (which i didnt). Its about 800-900 pound they owe me. 1 week lieu of notice, 1 week while suspended and 3 days holiday pay.
No i would not say that stress was work related now. At the time it was a very stressfull job, after i lost my job a lot of the stress went, no more silly shifts, no more abuse from the children you are trying to help etc etc.
The stress now is money worries as i have had some debts that have finally caught up with me over the last few years and i am being made bankrupt, some of the money i was waiting on was going to be paid towards the people to stop the bankruptcy going ahead. But once you say money is going to be paid and you cant then thats it. Tried ringing them etc and they have already started the bankruptcy proceedings. And also christmas is around the corner and no money.

Emmzi

I am not sure bankruptcy is as bad as you think it is, and suggest asking the bakruptcy group (sub board of debt free wanna be) for some guidance and the benefit of their experience.

Have you been to the CAB to ask for help with benefits?

Finally, I do not believe you have a case against your employer for stress. It would be hard to prove it was work, and not anything else, that was causing it.

I also think it's not worth the pain of going through a claim for a very slim chace that you would win. It looks to me like time to accept the loss and move on with your life.

Jason1972_2

The stress side of it is not having the money to pay the creditors i owe who have started the bakruptcy, this would not have come about if they had paid the money owed to me when i lost my job which is coming up to 3 months ago. Ive been staying at my mums at the moment as this is the only way i can survive, its hard work trying to live on 60.50 a week and still pay things. With the qualifications in my chosen career i will be ok getting another job but dont feel in the present situation that i could give 100% with the hassle i am having from previous employment.